Background
Little Robert Robertson appealed from an Orange County Circuit Court order granting summary judgment. The opinion does not identify the party in whose favor summary judgment was granted or describe the underlying dispute.
The appeal proceeded under Florida Rule of Appellate Procedure 9.130, which permits appeals from specified categories of nonfinal orders. Robertson appeared pro se, and Orange County was represented by counsel.
The Court’s Holding
The Sixth District Court of Appeal dismissed the appeal as premature. It held that the order merely granting summary judgment was not an appealable final order under Florida Rule of Appellate Procedure 9.110 because judicial labor remained to be completed in the trial court.
The court also concluded that the order was not an appealable nonfinal order under Rule 9.130 because it did not fall within any of that rule’s limited categories. The dismissal was therefore required without reaching the merits of the summary-judgment ruling.
Key Takeaways
- An order that merely grants summary judgment is not final when further judicial labor remains.
- A summary-judgment order is not independently appealable under Rule 9.130 unless it fits a listed category of appealable nonfinal orders.
- An appeal filed before entry of an appealable final or qualifying nonfinal order may be dismissed as premature.
Why It Matters
The decision underscores that a favorable or adverse summary-judgment ruling does not necessarily create immediate appellate jurisdiction. Practitioners should confirm that the trial court has entered an order ending judicial labor—or that the order falls within an authorized nonfinal-appeal category—before filing an appeal.